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Filing for Divorce when Living outside Canada 

jtaca
jtaca
Posts: 1


Posted On: 3/4/2016
jtaca
jtaca
Posts: 1
Hi,
I married in Canada in 1989 and lived there for 20 years. I am a Canadian Citizen, however I now live in my native country. My question is, can I file for divorce now that I live in my native country? and if so, how.
I have read all the threads and some links are no longer functional.
Thank you for your help.

jtm
link
Moderator
Moderator
Moderator
Posts: 2953


Posted On: 3/8/2016
Moderator
Moderator
Moderator
Posts: 2953
Hello Jtm,

Thank you for sharing your situation and question with us.

In terms of filing for divorce in your native country, you will have to check with the requirements of that country.

If your question is related to a foreign divorce's validity in Canada, you would need to prove that your divorce was legal in that country before you could get re-married in Canada.

You can find some detailed information in our Settlement.Org Will my foreign divorce be recognized in Canada? article.

Here is an excerpt,



According to Family Law Education for Women (FLEW) [PDF], your foreign divorce will generally be recognized by the Canadian government, if you or your spouse lived in the country where you got a divorce for at least 1 year before the start of the divorce proceedings.

If neither of you lived in the country for a year, your divorce may still be legal if the person who applied for the divorce can prove they have a “real and substantial connection” with the country. For example, if it is your country of origin and you returned there after the divorce, or you own property or spend a lot of time there.

If you got a divorce outside of Canada, you must get authorization from the Ministry of Government and Consumer Services before you can get a marriage licence in Ontario.


I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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Hector Alvarado
Hector Alvarado
Posts: 1


Posted On: 7/4/2018
Hector Alvarado
Hector Alvarado
Posts: 1
Hello everyone!

I got married in Canada on June 10th of 2006 with a canadian girl, I am mexican and also, we have a daughter. Since we´ve got married we never lived together. I was living in Hamilton and she was living in Niagara Falls. We got married because we thought it was good for our daughter to have the chance to share life with both of us because that was the only way for my to have the chance to travel to Canada once in while.

After 11 years, I have lived in Mexico happily and I have been in touch with my daughter and also I have sent money every month. I want to get divorce and I think should be easy considering we have always be separated also, we got married long time ago and I have always been living in Mexico.
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asharma
asharma
Posts: 1


Posted On: 4/14/2019
asharma
asharma
Posts: 1
Hello everyone!


I got married in India on Jan 22nd of 2018 with a Indian girl and applied for her PR visa

After 1 year she start abusing me , threat me and used these type of words suicide , murder which I don't feel safe and I want to file a divorce from Canada not in India as they are from layers family and I am sure they will be going to misuse this power and put false allegation on me and my parents


Please suggest how to fill a divorce in Canada as I am a PR of Canada and my wife lives with her parents in India and I am very much scared with her such wordings and I don't feel safe with her .


So I need a divorce from her though marriage registered under India Hindu marriage Act.


Please suggest
AS
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Moderator
Moderator
Moderator
Posts: 2953


Posted On: 4/16/2019
Moderator
Moderator
Moderator
Posts: 2953
Hector Alvarado wrote:
Hello everyone!

I got married in Canada on June 10th of 2006 with a canadian girl, I am mexican and also, we have a daughter. Since we´ve got married we never lived together. I was living in Hamilton and she was living in Niagara Falls. We got married because we thought it was good for our daughter to have the chance to share life with both of us because that was the only way for my to have the chance to travel to Canada once in while.

After 11 years, I have lived in Mexico happily and I have been in touch with my daughter and also I have sent money every month. I want to get divorce and I think should be easy considering we have always be separated also, we got married long time ago and I have always been living in Mexico.



Hello Hector,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

You can find some detailed information regarding Divorce and what the requirements are in our Settlement.Org How can I get a divorce in Ontario? article.

Here is an excerpt,

There may be an exception to the residency requirement if both you and your spouse live outside Canada and you live in a country that does not recognize your Canadian marriage. You may be able to end your marriage under the Civil Marriage Act and can apply for divorce in Ontario with existing forms from the Ministry of the Attorney General.



I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.


=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS, CRS
Settlement.Org
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Moderator
Moderator
Moderator
Posts: 2953


Posted On: 4/16/2019
Moderator
Moderator
Moderator
Posts: 2953
asharma wrote:
Hello everyone!


I got married in India on Jan 22nd of 2018 with a Indian girl and applied for her PR visa

After 1 year she start abusing me , threat me and used these type of words suicide , murder which I don't feel safe and I want to file a divorce from Canada not in India as they are from layers family and I am sure they will be going to misuse this power and put false allegation on me and my parents


Please suggest how to fill a divorce in Canada as I am a PR of Canada and my wife lives with her parents in India and I am very much scared with her such wordings and I don't feel safe with her .


So I need a divorce from her though marriage registered under India Hindu marriage Act.


Please suggest
AS


Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in finding out what your options are in this situation.

You can get some information regarding getting a divorce in Ontario in our Settlement.Org How can I get a divorce in Ontario? article.

You may also want to contact the nearest Family Law Information Centre (FLIC) for some information specific to your situation. At the FLICs you can find information about separation and divorce, alternative forms of dispute resolution, local community resources and court processes.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS, CRS
Settlement.Org
link